The Transfer on Death Instrument (TODI) is the Illinois Real Property Transfer on Death Instrument that the Cook County Clerk publishes under 755 ILCS 27/1 et seq. A sole owner of real estate uses it to name the beneficiaries who receive the property when the owner dies, and to name contingency beneficiaries if the first ones die first. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by the Cook County Clerk at cookcountyclerkil.gov.
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What is Transfer on Death Instrument - TODI – Cook County, IL?
The Illinois Real Property Transfer on Death Instrument (TODI) is a Cook County Clerk form in which the sole owner of real estate names beneficiaries to receive it upon the owner's death, under 755 ILCS 27/1 et seq.
The two-page form is signed by the owner or owners in front of witnesses and a notary public. Page 1 identifies the owner(s) and their address and describes the property: a legal description (written on the form or attached), the Property Index Number (PIN) and the commonly referred to address. The owner(s) state that they are the sole owner(s) under a duly recorded deed or other conveyance, waive and release all rights under the Illinois Homestead Exemption laws, and convey the property effective upon the death of the owner, or the last to die of the owners.
Page 2 lists up to four beneficiaries (A to D) and up to four contingency beneficiaries, and asks for one tenancy type when there are several beneficiaries: joint tenants with right of survivorship, or tenants in common without right of survivorship. It also holds the owner signatures, the witness declaration and the notary verification. Page 2 is printed as exempt under 35 ILCS 200/31-45, paragraph E, of the Property Tax Code.
The Clerk states that the form is provided as a convenience, does not constitute legal advice, comes without any title examination or review of your estate plan, and that Clerk staff may not help prepare it or any legal document. The Clerk also says it is your responsibility to determine the correct instruments and forms for your transaction.
Who needs to file Transfer on Death Instrument - TODI – Cook County, IL?
The main group is the sole owner, or sole owners together, of Illinois real estate who want to convey it, effective upon death, to named beneficiaries. The form has room for two owners (A and B), and the instrument takes effect upon the death of the owner, or the last to die of the owners.
Others involved in completing it:
- Beneficiaries: up to four named beneficiaries, and up to four contingency beneficiaries who receive the interest if the beneficiaries die before the owner(s). A separate sheet with full names and addresses is attached when more beneficiaries are wanted.
- Witnesses: the witness declaration is signed by witnesses in the presence of the owner(s), one another and a notary public.
- Notary public: completes the verification section and affixes the stamp.
The owner(s) must be of sound mind and memory and sign as a free and voluntary act. The form is not for owners who are not the sole owner under a recorded deed or other conveyance. The Clerk advises contacting an attorney or licensed estate planning professional with questions, because Clerk staff may not assist with preparation.
When to file Transfer on Death Instrument - TODI – Cook County, IL
The form sets no filing deadline. You complete and sign it while the owner is living, and the transfer takes effect only upon the death of the owner, or the last to die of the owners.
All signatures on page 2 must be made together: the witness declaration is to be attested and signed in the presence of the owner(s), all witnesses and a notary public, and the form has a date line for each signature and a date notarized. Complete the legal description, PIN and beneficiary details before the signing appointment so that nothing is added after notarization.
Documents you need
- A separate sheet with the legal description, only if you check SEE ATTACHED instead of writing the legal description on the form.
- A separate sheet with the full names and addresses of any additional beneficiaries, only if you want more than the four beneficiaries (A to D) the form provides.
How to fill out Transfer on Death Instrument - TODI – Cook County, IL
Enter the preparer and owner details
At the top of page 1, fill in THIS INSTRUMENT WAS PREPARED BY/MAIL TO and the name and address of the property owner.
Identify the owner or owners
Enter the owner name(s), then the street address, city, county, state and ZIP code where the owner(s) currently live.
Describe the legal description
Check whether the legal description is written on the form or attached. If written, enter it on the lines provided; if attached, mark SEE ATTACHED and include the sheet.
Enter the PIN and property address
Fill in the Property Index Number (PIN) and the commonly referred to address of the real property.
List beneficiaries on page 2
Enter the names of Beneficiary (A) to (D). If you want more, attach a separate sheet with their full names and addresses.
Choose the tenancy type
If there are multiple beneficiaries, choose one only: joint tenants with right of survivorship, or tenants in common without right of survivorship.
List contingency beneficiaries
Enter Contingency Beneficiary (A) to (D) who receive the interest if the beneficiaries die before the owner or owners.
Print owner names and sign
Print Owner Name (A) and (B) if applicable. Each owner signs and dates in front of the notary on the lines marked DATE SIGNED BEFORE NOTARY.
Complete the witness declaration
Each witness prints a name, signs and dates. The section must be signed in the presence of the owner(s), all witnesses and a notary public.
Have the notary complete verification
The notary fills in State, County, date notarized, prints a name, signs and affixes the stamp in the space marked AFFIX NOTARY STAMP BELOW.
Review and download the completed PDF
Check names, PIN, legal description and tenancy choice against your deed, then download or print the completed PDF from FillingPDF. Print it cleanly for signing.
How to submit Transfer on Death Instrument - TODI – Cook County, IL
The form prints no filing address, portal or fee information, and it names no submission channel. At the top of page 1 it has a THIS INSTRUMENT WAS PREPARED BY/MAIL TO block where the preparer and the return address are written.
- Complete and sign first: the owner(s), two witnesses and a notary public sign page 2 together, and the notary affixes the stamp.
- Check requirements with the Clerk: the Cook County Clerk lists the form among its recording forms at https://www.cookcountyclerkil.gov/recordings/forms-recording and says it is your responsibility to determine the correct instruments and forms for your transaction. It also says it is not responsible for printing discrepancies affecting margins, readability or recordability, so print the completed PDF cleanly.
- Legal questions: Clerk staff may not assist with preparing this or any legal document; contact an attorney or licensed estate planning professional.
FillingPDF lets you fill out and download the PDF; submission follows the agency's channels.
Common mistakes to avoid
- Signing the form before meeting the notary and witnesses, when the witness declaration must be attested and signed in the presence of the owner(s), all witnesses and a notary public.
- Leaving the tenancy type unmarked, or choosing both, when there are multiple beneficiaries; the form says to choose one only.
- Skipping the legal description, or neither writing it on the form nor attaching it after marking the SEE ATTACHED option.
- Omitting the Property Index Number (PIN) or the commonly referred to address in the property section.
- Listing more than four beneficiaries on the form without attaching a separate sheet with their full names and addresses.
- Using the form when the signer is not the sole owner of the real estate under a duly recorded deed or other conveyance.
- Leaving the notary verification section (State, County, date notarized, stamp and notary signature) incomplete.
- Expecting Clerk staff to help fill out the form; the Clerk says its staff may not assist with preparing it or any legal document.
Frequently asked questions
What is the Transfer on Death Instrument (TODI) in Cook County?
It is the Illinois Real Property Transfer on Death Instrument, published by the Cook County Clerk under 755 ILCS 27/1 et seq. The sole owner(s) of real estate name beneficiaries who receive the property effective upon the owner's death, or the last to die of the owners.
Is the TODI the form for a Cook County birth certificate?
No. This document is a real property instrument for conveying real estate upon death. It has no birth record fields: it asks for the owner, legal description, PIN, beneficiaries, witnesses and a notary. Cook County birth certificate requests are a different matter and use different forms.
Does the TODI need a notary and witnesses?
Yes. The form says it was completed and signed before a notary public, and the witness declaration must be attested and signed in the presence of the owner(s), all witnesses and a notary public. The notary then completes the verification section and affixes a stamp.
How many beneficiaries can I list on the TODI?
The form has spaces for Beneficiary (A) to (D) and Contingency Beneficiary (A) to (D). If you want more, attach a separate sheet of paper with the full names and addresses of the additional beneficiaries.
What tenancy types does the TODI offer?
When there are multiple beneficiaries, you choose one only: joint tenants with right of survivorship, or tenants in common without right of survivorship. The form asks for this choice on page 2.
Can Cook County Clerk staff help me complete the TODI?
No. The form states that Clerk staff may not assist with preparing it or any legal document, that it does not constitute legal advice and comes without title examination. It advises contacting an attorney or licensed estate planning professional.
Can I fill out the TODI online on FillingPDF?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the Cook County Clerk and does not file, record or notarize the instrument; signing and any submission follow the Clerk's channels.
Is there a deadline to sign the TODI?
The form prints no deadline. It is signed while the owner is living and takes effect upon the death of the owner, or the last to die of the owners. All signatures must be made before the notary together with the witnesses.
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